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G28-02 Ordinance No. G28-02 AN ORDINANCE AMENDING CHAPTER 6 . 66 ENTITLED "TAXICABS" OF THE ELGIN MUNICIPAL CODE, 1976 , AS AMENDED BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS : Section 1 . That Chapter 6 . 66 entitled "Taxicabs" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by amending Section 6 . 66 . 010 thereof entitled "Definitions" to read as follows : "6 . 66 . 010 DEFINITIONS Unless otherwise stated, the following terms shall, for the purpose of this Chapter be construed as defined in this section. "Inspection Station" shall mean a facility approved by the Chief of Police to conduct inspections as required by this Article . "Person" includes individuals, firms, partnerships and corporations having an individual or common ownership of vehicles, equipment and facilities used in the operation of a taxicab business . "Taxicab" shall mean all motor propelled vehicles, carrying passengers for hire, indiscriminately accepting and discharging all such persons as may offer themselves for transportation. "Taxicab Stand" shall mean any place, public or private, where taxicabs are placed on display and presented for hire to prospective customers . "Taximeter" shall mean a mechanical, electro-mechanical, or electronic device which records or indicates a charge or fare measured by distance traveled, waiting time, and extra passengers . "Waiting Time" shall mean time when the taxicab is not in motion, beginning with the arrival at the place to which it has been called, or the time consumed while standing at the direction of the passenger. No charge shall be made for time lost due to inefficiency of the taxicab or 1 its operator or time consumed by a premature response to a call . " Section 2 . That Chapter 6 . 66 entitled "Taxicabs" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by amending Subsection B of Section 6 . 66 . 020 thereof entitled "Owners' and Operations' Licenses Required" to read as follows : "B. No person shall operate or drive a taxicab in the city unless such taxicab is registered under a city owner' s license as herein required; and such person has first obtained an appropriate license to transport persons for compensation from the State; a certification of inspection as required by this Chapter; and bond as required by this Chapter, and registered such license, certification and bond with the Finance Department, and obtained a city license sticker. Such license stickers shall be issued by the Fiscal Services Manager for each calendar year on application therefor, upon payment of an annual registration fee of ten dollars ($10 . 00) . " Section 3 . That Chapter 6 . 66 entitled "Taxicabs" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by amending Section 6 . 66 . 040 thereof entitled "Rates of Fare; Filing" to read as follows : "6 . 66 . 040 RATES OF FARE; FILING Rates of fare for taxicabs shall be filed with the Fiscal Services Manager prior to January 15 of each calendar year. Such rates shall be available for inspection and copying at the office of the Fiscal Services Manager. No rates shall be charged expect in conformance with this section. " Section 4 . That Chapter 6 . 66 entitled "Taxicabs" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by amending Section 6 . 66 . 060 thereof entitled "Evidence of License, Payment to be Displayed" to read as follows : "6 . 66 . 060 EVIDENCE OF LICENSE PAYMENT TO BE DISPLAYED There shall be displayed upon each taxicab licensed under this Chapter such evidence of payment of the license fee as may be furnished by the Finance Department upon payment of the annual owner' s license fee . The owner' s 2 license shall not be transferable, provided however, in the event of a substitution of vehicles at any time during the license period, upon application to the Fiscal Services Department, evidence of registration of the substituted vehicle will be furnished upon the payment of a fee of fifty cents ($0 . 50) for each such substitution. " Section 5 . That Chapter 6 . 66 entitled "Taxicabs" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by amending Section 6 . 66 . 090 thereof entitled "Passengers" to read as follows : "6 . 66 . 090 PASSENGERS No person shall occupy any taxicab in excess of the seating capacity of such vehicle at anytime . It shall be the duty of the operator of such taxicab not to permit any persons in excess of the seating capacity of such taxicab to be in the taxicab under his control at any time . No more than one passenger may occupy the front seat of a taxicab and then only when there are more than three (3) passengers occupying the taxicab. No operator shall refuse a fare based on the requested destination. " Section 6 . That Chapter 6 . 66 entitled "Taxicabs" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by amending Section 6 . 66 . 130 thereof entitled "Bond" to read as follows : "6 . 66 . 130 BOND No person shall operate or permit to be operated upon the streets or other places in the city any taxicab unless there is in full force and effect, and duly filed in the office of the Fiscal Services Department, a proper bond with sureties approved by the City Council, or a policy of liability insurance providing for the payment and satisfaction of any judgment rendered against the owner or any person operating such vehicle with the owner' s implied or express consent, as a result of the operation of such vehicle . Such bond or insurance policy shall be in not less than the following aggregate amounts for each single occurrence : two hundred fifty thousand dollars ($250, 000 . 00) for injury or death to one person, five hundred thousand dollars ($500, 000 . 00) for injury or death to two (2) or more persons, and fifty thousand dollars ($50 , 000 . 00) for property damage . " 3 Section 7 . That Chapter 6 . 66 entitled "Taxicabs" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by amending Section 6 . 66 . 150 thereof entitled "Inspection" to read as follows : "6 . 66 . 150 INSPECTION A. All public passenger vehicles licensed in the city shall be inspected in January and July each year, at a city approved vehicle inspection station. B. A copy of the approved inspection from a vehicle inspection station shall be given to the Traffic Investigations Unit before an inspection of the meter will be done. Meters shall be inspected by Traffic Investigations Unit personnel by completing a mile run, to and from the beginning point to ensure the meter is accurate, at which point, the taximeter shall be sealed. C. Any vehicle failing to pass the inspection shall be allowed ten (10) working days for repairs . Such failing vehicles shall not be used as public passenger vehicles for hire until repairs are completed and the vehicle passes a reinspection. If the vehicle does not pass reinspection within thirty (30) working days, the vehicle license may be suspended. D. A list of approved inspection stations shall be available to each public passenger vehicle owner. An owner may use the approved inspection station of his choice; however, if a vehicle fails an inspection, once repairs are made, the vehicle must be reinspected at the same inspection station. E. Public Passenger Vehicle Owners that have taxis inspected by outside police agencies, as part of their city' s requirements, shall be accepted as a proper inspection. " Section 8 . That Chapter 6 . 66 entitled "Taxicabs" of the Elgin Municipal Code, 1976 , as amended, be and is hereby further amended by amending Section 6 . 66 . 170 thereof entitled "Application" to read as follows : r 4 "6 . 66 . 170 APPLICATION Persons seeking a license to operate a taxicab pursuant to the provisions of this Chapter shall submit an application to the Fiscal Services Department on the form supplied by and containing such information as may be required by the Fiscal Services Department . The Fiscal Services Department shall issue such licenses or provide a written denial of such applications within thirty (30) days of their submission. Any denial shall state the reasons for the denial , and shall inform the applicant that the applicant may appeal the denial by submitting such appeal in writing to the Fiscal Services Manager within fifteen (15) days of the date of the denial . " Section 9 . That Chapter 6 . 66 entitled "Taxicabs" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by amending Section 6 . 66 . 180 thereof entitled "Application Criteria" to read as follows : "6 . 66 . 180 APPLICATION CRITERIA The designee of the Fiscal Services Manager shall deny the applications of persons who are not licensed and otherwise qualified to provide taxicab services pursuant to the laws of the State and of the United States . Probationary licenses and temporary or judicial driving permits shall not be sufficient to obtain a taxicab license . The designee of the Fiscal Services Manager may deny applications for taxicab licenses or revoke taxicab licenses based upon a reasonable evaluation of the risk to the physical safety of the public which would be created by the granting of such licenses . Such an evaluation resulting in a denial of an application shall be based upon the conviction of the applicant or any violent or armed felony within five (5) years of the date of application, or of any drug or controlled substance felony conviction within one year of the date of application. Revocations shall be based upon such convictions during the period of the subject taxicab license' s effectiveness . " Section 10 . That Chapter 6 . 66 entitled "Taxicabs" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by amending Section 6 . 66 . 190 thereof entitled "Appeals" to read as follows : r 5 r "6 . 66 . 190 APPEALS Any person who has been denied a license pursuant to the provisions of this Chapter may appeal such denial to the Fiscal Services Manager within fifteen (15) days of the date of such denial . Such persons shall be provided an opportunity to provide reasonable evidence that the granting of a taxicab license to them will not pose an unreasonable risk to the physical safety of the public . Based upon the receipt of such evidence, the Fiscal Services Manager may issue a taxicab license to the applicant in the Fiscal Services Manager' s sole discretion. The Fiscal Services Manager shall issue a license or a denial of any appeal within fifteen (15) days of such appeal . Any denial of an appeal shall be in writing, and shall state the findings of the Fiscal Services Manager and the reasons for such denial . " Section 11 . That Chapter 6 . 66 entitled "Taxicabs" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding a new Section 6 . 66 . 200 thereto entitled "Penalty for Violation" to read as follows : "6 . 66 . 200 PENALTY FOR VIOLATION elk A. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this Chapter, shall be guilty of an offense . Any person convicted of an offense under this Chapter, in addition to other legal and equitable remedies available to the city, shall be punished by a fine of not less than Fifty Dollars ($50) nor more than Five Hundred Dollars ($500) . B. Any person shall be guilty of a separate offense for each and every day during any portion of which any violation or provision of this Chapter is committed, continued or permitted by any such person and he shall be punished accordingly. C. The levy and/or payment of any penalty or fine in this Chapter shall not be deemed a waiver of the power of the City of Elgin to suspend, revoke or refuse to renew any license otherwise issued by the City of Elgin. " 6 Section 12 . That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 13 . That this ordinance shall be in full force and effect immediately after its passage in the manner pr.vided by law. Ed Sc ock, Mayor Presented: April 10, 2002 Passed: April 10, 2002 Omnibus Vote : Yeas : 6 Nays : 0 Recorded: April 11, 2002 Published: Attest : Dolonna Mecum, City Clerk r 7